[Federal Register: December 21, 2004 (Volume 69, Number 244)]
[Rules and Regulations]
[Page 76373-76378]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21de04-1]
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Rules and Regulations
Federal Register
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[[Page 76373]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 56
[Docket No. PY-03-005]
RIN 0581-AC33
Voluntary Shell Egg Grading Regulations--Facilities and Equipment
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Agricultural Marketing Service (AMS) is amending the
regulations governing the voluntary shell egg grading program. The
revisions will add definitions that describe the official
identification and packaging of shell eggs; provide that grading
services may be requested or reported by electronic means; clarify the
number of samples required for an appeal grading when the original
samples are not available; require that plants provide two candling
lights in an acceptable candling booth for grade determination; provide
an additional method for lot identifying shell eggs; and clarify and
update the facility and operating requirements of plants utilizing the
voluntary grading service.
DATES: Effective Date: January 20, 2005.
FOR FURTHER INFORMATION CONTACT: Rex A. Barnes, Chief, Grading Branch,
(202) 720-3271.
SUPPLEMENTARY INFORMATION:
Background and Proposed Changes
Shell egg grading is a voluntary program provided under the
Agricultural Marketing Act of 1946, as amended, (7 U.S.C. 1621 et seq.)
and is offered on a fee-for-service basis. It is designed to assist in
the orderly marketing of shell eggs by providing for the official
certification of egg quality, quantity, size, temperature, packaging,
and other factors.
Changing technology in egg production and processing requires that
the regulations governing shell egg grading be updated. These revisions
will update the requirements to bring them in line with the
requirements that applicants utilizing official grading services must
meet. After a plant makes an application for grading service, an agency
representative conducts a plant survey. The survey determines if the
plant premises, facility, equipment, and operation procedures can
satisfactorily support the official grading of shell eggs. These
prerequisite requirements are based on good manufacturing practices
typically associated with food processing and have specific application
to shell egg processing. The revisions include the following:
(1) Definitions. The definitions of ``chief of the grading branch''
and ``national supervisor'' will be revised to reflect the current
organizational structure in AMS. New definitions for ``Agricultural
Marketing Service or AMS'', ``consumer grades,'' ``packaging,''
``packing,'' and ``United States Standards, Grades, and Weight Classes
for Shell Eggs'' will be added to establish a clear meaning for these
terms. (Sec. 56.1)
(2) Candling Lights. This revision will amend the candling light
requirement from one to two and will require a candling booth of
sufficient size to accommodate at least two candling lights for
additional graders and supervisory visits. (Sec. 56.17)
(3) Communications. The revisions will allow alternate forms of
electronic communications as are currently available in the market
place. (Sec. Sec. 56.21, 56.58)
(4) Temporary Grading Service. This revision will add temporary
grading service as a type of grading service that could be requested by
an applicant. The regulations will also be revised by providing that
certificates may be issued to an applicant who utilizes temporary
grading. (Sec. Sec. 56.17, 56.56)
(5) Lot Numbering. This revision will update the regulations to
reflect changes in the marking of shell eggs. (Sec. 56.37)
(6) Official Identification. The revision will clarify that only
product which is identified with the grademark shall be officially
identified under the supervision of a grader or quality assurance
inspector. (Sec. 56.39)
(7) Types of Grading Services. The types of grading services
available to an applicant will be added. (Sec. 56.28)
(8) Appeal Gradings. The revision will increase the sample size to
improve the confidence level of results and properly resolve the issue
prompting the applicant's appeal. (Sec. 56.65)
(9) Occupational Safety and Health Regulations. This revision will
update the regulations to reflect that an applicant utilizing the
official grading service must be in compliance with all applicable
Federal, State, and local government occupational safety and health
regulations. (Sec. 56.76)
(10) General Premises. General premise requirements will be added.
The revision will specify that the premises of the facility be
maintained in an appropriate manner. (Sec. 56.76)
(11) Structures and Facilities. The revision will update the
regulations to reflect that all structures and facilities subject to
moisture must be readily cleanable, sanitarily maintained, and
impervious to moisture and that floors are constructed for proper
drainage. (Sec. 56.76)
(12) Lavatories and Toilets. The revisions will also specify that
the facilities be located in areas separate and away from the grading
and processing rooms. (Sec. 56.76)
(13) Storage Areas. This revision will specify that adequate
packing and packaging storage areas be provided and properly maintained
in order that packing and packaging are stored in a dry, clean, and
sanitary environment. (Sec. 56.76)
(14) Grading and Packing Rooms. The revision will update the
requirements of the grading and packing rooms by specifying their
sanitary design and construction. Additionally, the revision will
specify that during operations the sanitation of the processing areas
and equipment be maintained in a satisfactory manner. (Sec. 56.76)
(15) Shell Egg Cooler Rooms. The regulations will continue to
provide that humidifying equipment capable of maintaining a relative
humidity, which will minimize shrinkage, shall be provided. (Sec.
56.76)
(16) Shell Egg Protecting Operations. The revision will update the
regulations by specifying that the requirements for shell egg
protecting equipment include its sanitary design, maintenance, and
operation. The revision will also
[[Page 76374]]
eliminate the requirement that previously used contaminated oil be heat
treated prior to its reuse. (Sec. 56.76)
(17) Shell Egg Washing. The revision will specify that shell egg
washing equipment be sanitarily designed and maintained in a clean and
sanitary manner. The revision will also specify that shell egg drying
equipment be sanitarily designed and maintained, that air used for
drying must be filtered, and that filters are to be cleaned and
maintained. (Sec. 56.76)
(18) Shell Egg Wash Water. The revision will clarify that the plant
would be responsible for providing an accurate thermometer to measure
the temperature of the wash water. (Sec. 56.76)
(19) Spray Rinse Sanitizer. The revision will revise the
regulations to reflect that the spray rinse contains a sanitizer
approved by the national supervisor of not less than 100 p/m nor more
than 200 p/m of available chlorine or its equivalent. The revision will
update the regulations to reflect that shell eggs receive an increased
exposure to an approved sanitizer. (Sec. 56.76)
(20) Shell Egg Washing. The revision will reflect that shell eggs
be removed from the processing equipment during any non-processing
periods to prevent loss of egg quality from extended exposure to
elevated temperatures. (Sec. 56.76)
(21) Removal of Washing Operation Steam and Vapors. The revision
will specify that steam, vapors, or odors originating from washing and
rinsing operations shall be exhausted to the outside of the building to
prevent the development of an undesirable environment in the shell egg
processing room. (Sec. 56.76)
(22) Shell Egg Packing. The revision will add that eggs that are to
be identified with a grademark may be packed in other than fiber
packing materials. (Sec. 56.76)
(23) Approval of Chemicals and Compounds. The regulations will be
updated to reflect that the national supervisor, Poultry Programs is
responsible for determining acceptance of the intended use of chemicals
and compounds for their specified use. (Sec. 56.76)
Proposed Rule and Comments
The proposed rule was published in the Federal Register June 2,
2004 (69 FR 31039). The comment period ended August 2, 2004.
We received four timely comments: one from a shell egg producer,
two from an industry organization, and one from a State department of
agriculture.
The State department of agriculture suggested that shell egg
processing facilities in the future should comply fully with 21 CFR
part 110, giving variances where needed. The Good Manufacturing
Practices promulgated by the Food and Drug Administration at 21 CFR
part 110 already serve as a foundation for the Agency for the
processing and facility requirements of the voluntary shell egg grading
regulations. Moreover, the Agency will continue to use them as a source
upon which the processing and facility requirements for this program
are based.
Both the shell egg producer and the industry organization did not
support requiring that cooler rooms holding officially identified shell
eggs be capable of maintaining a relative humidity of 70% or higher.
Both commenters discussed the difficulty of humidifying ambient air in
the colder climates of the United States. The shell egg producer
additionally addressed that shell eggs do not remain in egg producer's
coolers more than a few days before they enter marketing channels where
shell eggs are not subject to humidity requirements. The Agency
revisited this issue and after considering the current trend of shell
eggs promptly moving through marketing channels is withdrawing this
proposal from the final rule. The Agency will not amend the regulations
which currently provide the requirements that cooler rooms holding
shell eggs that are identified with a consumer grade shall be equipped
with humidifying equipment capable of maintaining a relative humidity
to minimize shrinkage which affects the quality of shell eggs.
The industry organization suggested that the terms ``appropriate
manner'' and ``sanitary'' be further clarified in order that shell egg
graders apply these terms in a consistent manner. The Agency believes
that the descriptors identified by the commenter provide the level of
clarity appropriate for our regulatory language. These descriptors also
can be found in the product indexes that provide detailed guidance to
graders to assure that the regulations are being correctly implemented
and to supervisors to assure that the program is being properly
administrated.
The industry organization requested that egg producers be able to
choose how to lot number shell eggs including continuing to have the
option to lot number shell eggs on the carton. The Agency is not
restricting how producers lot number shell eggs identified with an
official grademark. Moreover, this revision provides producers with an
additional option to apply a lot number on an individual shell egg.
The industry organization asked if the Agency will issue levels for
quaternary ammonia and other sanitizers in sanitizer spray rinse. The
strength of a sanitizer spray rinse is currently based on the
concentration of chlorine or its equivalent. The Agency finds that this
is an appropriate manner to describe the required level of
concentration of the sanitizing solution.
When the proposed rule was published, the Agency inadvertently
overlooked a technical revision of the terms describing the official
grademark in Sec. 56.76(g)(1). To clearly describe these marks, in
Sec. 56.76(g)(1), the Agency is removing the word ``consumer'' in the
requirements for eggs officially identified with a grademark.
Executive Order 12866 and Effect on Small Entities
This rule has been determined to be not significant for purposes of
Executive Order 12866 and, therefore, has not been reviewed by the
Office of Management and Budget (OMB). In addition, pursuant to
requirements set forth in the Regulatory Flexibility Act (RFA) (5
U.S.C. 601 et seq.), AMS has considered the economic impact of the rule
on small entities and has determined that its provisions would not have
a significant economic impact on a substantial number of small
entities.
The purpose of the RFA is to fit regulatory actions to the scale of
businesses subject to such actions in order that small businesses will
not be unduly or disproportionately burdened. The Small Business
Administration (SBA)(13 CFR 121.201) defines small entities that
produce and process chicken eggs as those whose annual receipts are
less than $9,000,000. Approximately 625,000 egg laying hens are needed
to produce enough eggs to gross $9,000,000.
Currently, the Agricultural Marketing Act of 1946, as amended, (7
U.S.C. 1621 et seq.) authorizes a voluntary grading program for shell
eggs. Shell egg processors that apply for service must pay for the
services rendered. So that costs are shared by all users, these user
fees are proportional to the volume of shell eggs graded. Shell egg
processors are entitled to pack their eggs in packages bearing the USDA
grade shield when AMS graders are present to certify that the eggs meet
the grade requirements as labeled. Plants in which these grading
services are performed are called official plants. Shell egg processors
who do not use USDA's grading service may not use the USDA grademark.
There are about 558 shell egg processors registered with the Department
that have 3,000 or more laying hens. Of these, 161 are official
[[Page 76375]]
plants that use USDA's grading service and would be subject to this
proposed rule. Of these 161 official plants, 38 meet the small business
definition.
Sections of the regulations are affected by changes in egg
production and processing technology. This rule is intended to clarify
and update this regulation and bring them in line with requirements
that applicants utilizing official grading services currently are
meeting. The revisions will add definitions that describe the official
identification and packaging of shell eggs; provide that grading
services may be requested or reported by electronic means; clarify the
number of samples required for an appeal grading when the original
samples are not available; require that plants provide two candling
lights in an acceptable candling booth for grade determination; provide
an additional method for lot identifying shell eggs; and clarify and
update the facility and operating requirements of plants utilizing the
voluntary grading service. Accordingly, the revision will not have a
significant economic impact on a substantial number of small entities.
Executive Orders 12988
This rule has been reviewed under Executive Order 12988, Civil
Justice Reform. This action is not intended to have retroactive effect.
This rule will not preempt any State or local laws, regulations, or
policies, unless they present an irreconcilable conflict with this
rule. There are no administrative procedures which must be exhausted
prior to any judicial challenge to the provisions of this rule.
Paperwork Reduction
The information collection requirements in Sec. Sec. 56.21(a),
56.21(c), 56.37, 56.56(a), 56.58, 56.76(f)(7), and 56.76(h) amended by
this rule have been previously approved by OMB and assigned OMB control
number 0581-0128 under the Paper Reduction Act of 1995.
AMS is committed to compliance with the Government Paperwork
Elimination Act, which requires Government agencies in general to
provide the public the option of submitting information or transacting
business electronically to the maximum extent possible.
List of Subjects in 7 CFR Part 56
Eggs and egg products, Food grades and standards, Food labeling,
Reporting and recordkeeping requirements.
0
For reasons set forth in the preamble, 7 CFR part 56 is amended as
follows:
PART 56--VOLUNTARY GRADING OF SHELL EGGS
0
1. The authority citation for part 56 continues to read as follows:
Authority: 7 U.S.C. 1621-1627.
0
2. In Sec. 56.1, revise the terms chief of the grading branch and
national supervisor and add, alphabetically, the new terms Agricultural
Marketing Service or AMS, consumer grades, grademark, official
standards, officially identified, packaging, packing, and United States
Standards, Grades, and Weight Classes for Shell Eggs to read as
follows:
Sec. 56.1 Meaning of words and terms defined.
* * * * *
Agricultural Marketing Service or AMS means the Agricultural
Marketing Service of the Department.
* * * * *
Chief of the Grading Branch means the Chief of the Grading Branch,
Poultry Programs, AMS.
* * * * *
Consumer grades means U.S. Grade AA, A, and B.
* * * * *
Grademark means the official identification symbol (shield) used to
identify eggs officially graded according to U.S. consumer grade
standards.
* * * * *
National supervisor means (a) the officer in charge of the shell
egg grading service of the AMS, and (b) other employees of the
Department designated by the national supervisor.
* * * * *
Official standards means the official U.S. standards grades, and
weight classes for shell eggs maintained by and available from Poultry
Programs, AMS.
Officially identified means eggs that have official marks applied
to the product under the authority of the AMS in accordance with the
act and its regulations.
* * * * *
Packaging means the primary or immediate container in which eggs
are packaged and which serves to protect, preserve, and maintain the
condition of the eggs.
Packing means the secondary container in which the primary or
immediate container is placed to protect, preserve, and maintain the
condition of the eggs during transit or storage.
* * * * *
United States Standards, Grades, and Weight Classes for Shell Eggs
(AMS 56) means the official U.S. standards, grades, and weight classes
for shell eggs that are maintained by and available from Poultry
Programs, AMS.
* * * * *
Sec. 56.9 [Amended]
0
3. Section 56.9 is revised by removing the numbers 56.76(e)(6) and
56.76(g) and adding in their place the numbers 56.76(f)(7) and 56.76(h)
and adding the number 56.21(c).
0
4. Section 56.17 is amended by revising the introductory text and
paragraph (a)(5), and by adding a new paragraph (a)(6) to read as
follows:
Sec. 56.17 Facilities and equipment for graders.
Facilities and equipment to be furnished by the applicant for use
of graders in performing service on a resident or temporary basis shall
include (when deemed necessary) the following:
* * * * *
(a) * * *
(5) Two candling lights that provide a sufficient combined
illumination through both the aperture and downward through the bottom
to facilitate accurate interior and exterior quality determinations.
(6) A candling booth adequately darkened and located in close
proximity to the work area that is reasonably free of excessive noise.
The booth must be sufficient in size to accommodate two graders, two
candling lights, and other necessary grading equipment.
0
5. Section 56.21 is amended by revising paragraph (a) and adding (c) to
read as follows:
Sec. 56.21 How application for service may be made; conditions of
service.
(a) Noncontinuous grading service on a fee basis. An application
for any noncontinuous grading service on a fee basis may be made in any
office of grading, or with any grader at or nearest the place where the
service is desired. Such application may be made orally (in person or
by telephone), in writing, or by other electronic means.
* * * * *
(c) Temporary grading service on a fee basis. An application for
grading service on a temporary basis must be made in writing on forms
approved by the Administrator and filed with the Administrator. Such
forms may be obtained at the national, regional, or State grading
office. In making application, the applicant agrees to comply with the
terms and conditions of the regulations (including, but not limited to,
such instructions governing grading of products as may be issued from
time to time by the Administrator). No member of or Delegate to
Congress or Resident Commissioner shall be
[[Page 76376]]
admitted to any benefit that may arise from such service unless derived
through service rendered a corporation for its general benefit.
0
6. Section 56.28 is added to read as follows:
Sec. 56.28 Types of grading service.
(a) Noncontinuous grading service. This type of service is
performed when an applicant requests grading of a particular lot of
shell eggs. Requests are made not on a regular basis. Charges or fees
are based on the time, travel, and expenses needed to perform the work.
This service also may be called the fee grading service. Shell eggs
graded under fee grading service are not eligible to be identified with
the official grademarks shown in Sec. 56.36.
(b) Continuous grading service on a resident basis and continuous
grading service on a nonresident basis. Service on a resident basis has
a scheduled tour of duty, while service on a nonresident basis has a
nonscheduled tour of duty. Both of these services are performed when an
applicant requests that a USDA licensed grader be stationed in the
applicant's processing plant and grade shell eggs in accordance with
U.S. Standards. The applicant agrees to comply with the facility,
operating, and sanitary requirements of resident service. The charges
for resident grading services are based on the hours of the regular
tour of duty and the volume of shell eggs received into the plant,
while nonscheduled service is based on the cumulative time required to
perform the work and an administrative service charge. Shell eggs
graded under resident grading service are only eligible to be
identified with the official grademarks shown in Sec. 56.36 when
processed and graded under the supervision of a grader or quality
assurance inspector as provided in Sec. 56.39.
(c) Temporary grading service. This type of service is performed
when an applicant requests resident grading on a fee basis. The
applicant must meet all of the facility, operating, and sanitary
requirements of resident service. Charges or fees are based on the time
and expenses needed to perform the work. Shell eggs graded under
temporary grading service are only eligible to be identified with the
official grademarks when they are processed and graded under the
supervision of a grader or quality assurance inspector as provided in
Sec. 56.39.
0
7. Section 56.37 is amended by revising the section heading and first
sentence to read as follows:
Sec. 56.37 Lot marking of officially identified shell eggs.
Shell eggs identified with the grademarks shown in Sec. 56.36
shall be legibly lot numbered on either the individual egg, the carton,
or the consumer package. * * *
* * * * *
0
8. The undesignated center heading that precedes Sec. 56.39 is revised
to read as follows:
Prerequisites to Packaging Shell Eggs Identified With Grademarks
0
9. In Sec. 56.39, the first sentence is revised to read as follows:
Sec. 56.39 Quality assurance inspector required.
The official identification with the grademark of any product as
provided in Sec. Sec. 56.35 to 56.41, inclusive, shall be done only
under the supervision of a grader or quality assurance inspector. * * *
0
10. Section 56.40 is amended by revising the section heading and
paragraph (c) to read as follows:
Sec. 56.40 Grading requirements of shell eggs identified with
grademarks.
* * * * *
(c) Shell eggs which are to bear the grademark shall be packed only
from eggs of current production. They shall not possess any undesirable
odors or flavors.
0
11. In Sec. 56.56, the first sentence of paragraphs (a) and (b) are
both amended by adding the words ``or temporary'' between the words
``resident grading.''
0
12. Section 56.58 is revised to read as follows:
Sec. 56.58 Advance information.
Upon request of an applicant, all or part of the contents of any
grading certificate issued to such applicant may be telephoned or
electronically transmitted to the applicant, or to the applicant's
designee, at the applicant's expense.
0
13. In Sec. 56.65, paragraph (b) is revised to read as follows:
Sec. 56.65 Procedures for appeal gradings.
* * * * *
(b) When the original samples are not available or have undergone a
material change, the appeal sample size for the lot shall consist of
double the samples required in Sec. 56.4(b).
* * * * *
0
14. Section 56.75 is revised to read as follows:
Sec. 56.75 Applicability of facility and operating requirements.
The provisions of Sec. 56.76 shall be applicable to any grading
service that is provided on a resident or temporary basis.
0
15. Section 56.76 is revised to read as follows:
Sec. 56.76 Minimum facility and operating requirements for shell egg
grading and packing plants.
(a) Applicants must comply with all applicable Federal, State and
local government occupational safety and health regulations.
(b) General requirements for premises, buildings and plant
facilities. (1) The outside premises shall be free from refuse,
rubbish, waste, unused equipment, and other materials and conditions
which constitute a source of odors or a harbor for insects, rodents,
and other vermin.
(2) The outside premises adjacent to grading, packing, cooler, and
storage rooms must be properly graded and well drained to prevent
conditions that may constitute a source of odors or propagate insects
or rodents.
(3) Buildings shall be of sound construction so as to prevent,
insofar as practicable, the entrance or harboring of vermin.
(4) Grading and packing rooms shall be of sufficient size to permit
installation of necessary equipment and conduct grading and packing in
a sanitary manner. These rooms shall be kept reasonably clean during
grading and packing operations and shall be thoroughly cleaned at the
end of each operating day.
(5) The floors, walls, ceilings, partitions, and other parts of the
grading and packing rooms including benches and platforms shall be
constructed of materials that are readily cleanable, maintained in a
sanitary condition, and impervious to moisture in areas exposed to
cleaning solutions or moist conditions. The floors shall be constructed
as to provide proper drainage.
(6) Adequate toilet accommodations which are conveniently located
and separated from the grading and packing rooms are to be provided.
Handwashing facilities shall be provided with hot and cold running
water, an acceptable handwashing detergent, and a sanitary method for
drying hands. Toilet rooms shall be ventilated to the outside of the
building and be maintained in a clean and sanitary condition. Signs
shall be posted in the toilet rooms instructing employees to wash their
hands before returning to work. In new or remodeled construction,
toilet rooms shall be
[[Page 76377]]
located in areas that do not open directly into processing rooms.
(7) A separate refuse room or a designated area for the
accumulation of trash must be provided in plants which do not have a
system for the daily removal or destruction of such trash.
(8) Adequate packing and packaging storage areas are to be provided
that protect packaging materials and are dry and maintained in a clean
and sanitary condition.
(c) Grading and packing room requirements. (1) The egg grading or
candling area shall be adequately darkened to make possible the
accurate quality determination of the candled appearance of eggs. There
shall be no other light source or reflection of light that interfere
with, or prohibit the accurate quality determination of eggs in the
grading or candling areas.
(2) The grading and candling equipment shall provide adequate light
to facilitate quality determinations. When needed, other light sources
and equipment or facilities shall be provided to permit the detection
and removal of stained and dirty eggs or other undergrade eggs.
(3) The grading and candling equipment must be sanitarily designed
and constructed to facilitate cleaning. Such equipment shall be kept
reasonably clean during grading and packing operations and be
thoroughly cleaned at the end of each operating day.
(4) Egg weighing equipment shall be constructed of materials to
permit cleaning; operated in a clean, sanitary manner; and shall be
capable of ready adjustment.
(5) Adequate ventilation, heating, and cooling shall be provided
where needed.
(d) Cooler room requirements. (1) Cooler rooms holding shell eggs
that are identified with a consumer grade shall be refrigerated and
capable of maintaining an ambient temperature no greater than 45 [deg]F
(7.2 [deg]C) and equipped with humidifying equipment capable of
maintaining a relative humidity which will minimize shrinkage.
(2) Accurate thermometers and hygrometers shall be provided for
monitoring cooler room temperatures and relative humidity.
(3) Cooler rooms shall be free from objectionable odors and from
mold, and shall be maintained in a sanitary condition.
(e) Shell egg protecting operations. (1) Shell egg protecting (oil
application) operations shall be conducted in a manner to avoid
contamination of the product and maximize conservation of its quality.
(2) Component equipment within the shell egg protecting system,
including holding tanks and containers, must be sanitarily designed and
maintained in a clean and sanitary manner, and the application
equipment must provide an adequate amount of oil for shell coverage of
the volume of eggs processed.
(3) Eggs with excess moisture on the shell shall not be shell
protected.
(4) Oil having any off odor, or that is obviously contaminated,
shall not be used in shell egg protection operations. Oil is to be
filtered prior to application.
(5) The component equipment of the application system shall be
washed, rinsed, and treated with a bactericidal agent each time the oil
is removed.
(6) Adequate coverage and protection against dust and dirt shall be
provided when the equipment is not in use.
(f) Shell egg cleaning operations. (1) Shell egg washing equipment
must be sanitarily designed, maintained in a clean and sanitary manner,
and thoroughly cleaned at the end of each operating day.
(2) Shell egg drying equipment must be sanitarily designed and
maintained in a clean and sanitary manner. Air used for drying purposes
must be filtered. These filters shall be cleaned or replaced as needed
to maintain a sanitary process.
(3) The temperature of the wash water shall be maintained at 90
[deg]F (32.2 [deg]C) or higher, and shall be at least 20 [deg]F (6.7
[deg]C) warmer than the internal temperature of the eggs to be washed.
These temperatures shall be maintained throughout the cleaning cycle.
Accurate thermometers shall be provided for monitoring wash water
temperatures.
(4) Approved cleaning compounds shall be used in the wash water.
(5) Wash water shall be changed approximately every 4 hours or more
often if needed to maintain sanitary conditions, and at the end of each
shift. Remedial measures shall be taken to prevent excess foaming
during the egg washing operation.
(6) Replacement water shall be added continuously to the wash water
of washers. Chlorine or quaternary sanitizing rinse water may be used
as part of the replacement water, provided, they are compatible with
the washing compound. Iodine sanitizing rinse water may not be used as
part of the replacement water.
(7) Only potable water may be used to wash eggs. Each official
plant shall submit certification to the national office stating that
their water supply is potable. An analysis of the iron content of the
water supply, stated in parts per million, is also required. When the
iron content exceeds 2 parts per million, equipment shall be provided
to reduce the iron content below the maximum allowed level. Frequency
of testing for potability and iron content shall be determined by the
Administrator. When the water source is changed, new tests are
required.
(8) Waste water from the egg washing operation shall be piped
directly to drains.
(9) The washing, rinsing, and drying operations shall be continuous
and shall be completed as rapidly as possible to maximize conservation
of the egg's quality and to prevent sweating of eggs. Eggs shall not be
allowed to stand or soak in water. Immersion-type washers shall not be
used.
(10) Prewetting shell eggs prior to washing may be accomplished by
spraying a continuous flow of water over the eggs in a manner which
permits the water to drain away or other methods which may be approved
by the Administrator. The temperature of the water shall be the same as
prescribed in this section.
(11) Washed eggs shall be spray-rinsed with water having a
temperature equal to, or warmer than, the temperature of the wash
water. The spray-rinse water shall contain a sanitizer that has been
determined acceptable for the intended use by the national supervisor
and of not less than 100 p/m nor more than 200 p/m of available
chlorine or its equivalent. Alternate procedures, in lieu of a
sanitizer rinse, may be approved by the national supervisor.
(12) Test kits shall be provided and used to determine the strength
of the sanitizing solution.
(13) During non-processing periods, eggs shall be removed from the
washing and rinsing area of the egg washer and from the scanning area
whenever there is a buildup of heat that may diminish the quality of
the egg.
(14) Washed eggs shall be reasonably dry before packaging and
packing.
(15) Steam, vapors, or odors originating from the washing and
rinsing operation shall be continuously and directly exhausted to the
outside of the building.
(g) Requirements for eggs officially identified with a grademark.
(1) Shell eggs that are officially identified with a grademark shall be
placed under refrigeration at an ambient temperature no greater than 45
[deg]F (7.2 [deg]C) promptly after packaging.
(2) Eggs that are to be officially identified with the grademark
shall be packed only in new or good used packing material and new
packaging materials that are clean, free of mold,
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mustiness and off odors, and must be of sufficient strength and
durability to adequately protect the eggs during normal distribution.
When packed in other than fiber packing material, the containers must
be of sound construction and maintained in a reasonably clean manner.
(h) Use of approved chemicals and compounds. (1) All egg washing
and equipment cleaning compounds, defoamers, destainers, sanitizers,
inks, oils, lubricants, or any other compound that comes into contact
with the shell eggs shall be approved by the national supervisor for
their specified use and handled in accordance with the manufacturer's
instructions.
(2) All pesticides, insecticides, and rodenticides shall be
approved for their specified use and handled in accordance with the
manufacturer's instructions.
Dated: December 15, 2004.
A.J. Yates,
Administrator, Agricultural Marketing Service.
[FR Doc. 04-27906 Filed 12-20-04; 8:45 am]
BILLING CODE 3410-02-P